Laurence D. Paskowitz, the lawyer who filed the lawsuit on behalf of Cohen, said no parent would knowingly buy an adult-only video game for their children. "They should really make sure this doesn't happen again," he said. "The least this company can do is offer refunds." However, the thing he is forgetting to mention is that Rockstar or Take-Two never offered a way for these minigames to be unlocked, this was all the work of a third party.
Is this all being taken far too seriously? I think it is. I can understand the ESRB's annoyance and their decision to give the AO rating, but in order to use these minigames, one has to find and use the patch on the game. It was simply a mistake and it shouldn't have happened. The unmodified version of the game doesn't allow you to use these minigames at all.
Source:
The Associated Press